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FAMUREWA
V.
ONIGBOGI & ORS.

(2010) JELR 47849 (CA)

Court of Appeal 16 Apr 2010 Nigeria
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Suit Number:CA/I/EPT/NA/91/08
Judges:CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Counsel:T. A. Abdulwahab with O. Okedara For Appellant O. Moronkeji for 1st and 2nd M. O. Adedokun, Senior State Counsel, Osun State, Ministry of Justice for 334th - 335th 3rd - 333rd Respondents not in Court and not represented, but, notified of the hearing date. For Respondent

CHIDI NWAOMA UWA, J.C.A (Delivering the Leading Judgment).: This appeal is against the judgment of the Governorship and Legislative Houses Election Petition Tribunal, Holden at Osogbo (hereafter referred to as the Tribunal) delivered on the 14th day of May, 2008.

The background facts are that the Appellant contested for the House of Representative for Atakumosa East, Atakumosa West, Ilesha East, Ilesha West Federal Constituency seat in the Federal House of Representative for Osun State on the platform of the Action Congress, challenged the declaration of the 1st Respondent who contested under the Peoples Democratic Party as the winner of the said election on the ground inter alia that the said election was vitiated by substantial non-compliance with the mandatory statutory requirements of both the Constitution of the Federal Republic of Nigeria and the Electoral Act, 2006 which was alleged to have substantially affected the results, and that the 1st Respondent could not have been val…

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